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The “Gap Law” in Lebanon: understanding the challenges of our reconstruction

La « Gap Law » au Liban : comprendre les défis de notre reconstruction

The Pact of Trust at the Heart of Our Economy

We all share a deep conviction in our daily lives: a lifetime of savings, entrusted to a bank, constitutes the bedrock of our security. This tacit pact of trust represents the cornerstone of any modern economy. No one expects this financial sanctuary to encounter such obstacles overnight.

Yet, this is precisely the challenge we are facing today in Lebanon. The financial crisis has severely tested this sacred pact. It has necessitated a freeze on the savings of millions of Lebanese citizens. Faced with this unprecedented collapse, the government is proposing a law aimed at restructuring the financial sector and organizing the return of deposits.

A Necessary Reading of Institutional Realities

By analyzing this text, we discover the complexity of managing a national bankruptcy. The proposed choices illustrate the dilemmas of public power. Four major points allow us to better understand this stage of our history.

They address shared responsibility and the new status of depositors. They also speak to the application of laws and the distribution of costs.

A Systemic Responsibility Beyond Divides

In public discourse, the State is often perceived as a mere arbiter. However, the reality of the crisis in Lebanon shows a deep intertwining between the public and private sectors. The “Gap Law” reflects this exceptional situation. This crisis is not solely the result of individual decisions; it is the fruit of a complex and interdependent system.

The Legacy of Past Monetary Policies

The legal text emphasizes this collective dimension. It reminds us that Lebanon is traversing a crisis born of accumulated budgetary choices. The decisions made over the past decades fall under a public management style under high tension. We are reminded of the financial problems that have affected our institutions. Furthermore, we see the effects of a subsidy system that became too burdensome.

The Challenges of Lebanese Public Power

Maintaining a fixed exchange rate long supported our consumption. However, this policy eventually exhausted the nation’s reserves. Massive investments in infrastructure, such as Lebanese electricity, did not yield the expected results. The default on public debt then marked a decisive turning point. The “Gap Law” now attempts to frame the consequences of these historical choices.

Toward a Recognition of State Limits

The Lebanese State is at the heart of the national economic machine. The current debate on the distribution of losses shows a real institutional difficulty. It is not about avoiding responsibilities, but rather about achieving harmony between the sustainability of institutions and the protection of citizens.

The Dilemma of Classifying Financial Operations

The second reality concerns the treatment of past banking operations. The law seeks to define a framework for distinguishing capital flows. For us citizens, this approach seems rigorous. It sometimes places the depositor in an uncomfortable position of waiting. The State is attempting here to secure the system against potential abuses.

The Complexity of Regulatory Retroactivity

The text introduces verification criteria for operations carried out since 2016. This notably concerns interest earned and currency conversions. The authorities seek to ensure the regularity of these financial movements. This approach responds to transparency requirements often requested by the international community.

The Need for Legal Stability in Lebanon

However, this rigor creates a certain uncertainty for economic actors. Investor confidence relies on the predictability of rules. In Lebanon, we need clear guarantees for the future. It is essential that citizens be assured that their previous decisions, made in compliance with the law, remain protected. This is how we can restore a climate favorable to economic activities.

A Compliance Architecture to Strengthen

Lebanon already possesses tools to combat money laundering. Our banks have followed international compliance protocols for a long time. The challenge of the new law is to integrate these tools without undermining honest savings. The goal is to restore a solid and sustainable financial ethics.

Applying Article 113 Facing Budgetary Reality

The third truth lies in the interpretation of founding texts. Article 113 of the Code of Money and Credit is a pillar of our system. It stipulates that the Treasury covers the losses of the Banque du Liban (BDL). This is a guarantee of stability for all savers.

Tension Between Law and Financial Means

The “Gap Law” today questions the implementation of this guarantee. The legal obligation clashes with the reality of the State’s coffers. The government invokes the notion of public debt sustainability. This is a technical argument that reflects the fragility of our current finances.

A Difficult Trade-off for Lebanese Power

The State finds itself forced to prioritize its urgent expenditures. It must choose between strict compliance with the law and the continuity of public services. This mechanism shows the limits of the rule of law in periods of major crisis. For us, the challenge is to maintain the force of the law despite financial obstacles.

Restoring the Signature of the Lebanese State

To reassure our partners, the State’s word must remain sacred. The law must not become an option based on budgetary circumstances. It is by honoring its commitments that Lebanon will regain its credibility. We expect solutions that reconcile legal texts with the nation’s actual capacities.

Productive Sectors and the Stake of Lebanese Exports

The fourth truth concerns the impact of these reforms on our real economy. By seeking to distribute losses, the State directly influences national production. The consequences are felt in every business and every Lebanese household.

The Essential Engine of Lebanese Exports

Without a revitalized financial system, Lebanese exports face technical obstacles. To trade internationally, our entrepreneurs require flexible and efficient banking channels. They must be able to finance their production cycles with peace of mind. The “Gap Law” must favor this indispensable recovery of foreign trade.

Supporting the Export of Agricultural Products

We observe similar challenges for the export of agricultural products. Our farmers are key players in our resilience. They need capital to modernize their farms and meet standards. Protecting their savings is a condition for maintaining our market shares abroad.

A Balanced Sharing of National Sacrifice

Banks and depositors today bear a large part of the burden. This sacrifice must be recognized as an act of national solidarity. However, it must also be limited so as not to stifle growth. It is impossible to consider the transfer of responsibilities as the only long-term solution. Thus, we must stimulate wealth creation to break the deadlock.

A Vision for the Future of Lebanon

The responsibility for reconstruction lies with all actors in society. Depositors should not have to bear the consequences of past policies alone. This legal text must be the starting point for a new social contract. It must preserve productive effort rather than simply managing scarcity.

Uniting for a Sustainable Renaissance

The “Gap Law” is a painful but revealing stage of our current situation. It forces us to face the limits of our economic model. Moreover, it liquidates past mistakes in an attempt to draw a future. Any sustainable solution must place people and work at the center of concerns.

Breaking the Deadlock Through Structural Reform

Lebanon can rebuild itself if it chooses the path of absolute transparency. It is essential to convert old irresponsibility into a new public ethics. Reconstruction will be accompanied by significant support for those who work in Lebanon. It is through collective effort and truth that we will regain our prosperity.

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